SDNY COURTHOUSE,
August 23 – John Depeyster is
charged with failing to
register as a sex offender
when he moved from New York to
New Jersey. On August 21 his
trial date was set for
February 3, 2020 - then he
said he wanted to drop his
Federal Defender lawyer for
the Criminal Justice Act
lawyer on duty, later in the
week.

U.S.
District Court for the
Southern District of New York
Judge Gregory H. Woods in
setting the trial date had
told Depeyster that if he had
a desire to change lawyers,
sooner would be better than
close to trial time. So the
request was made.

And now on
August 23 in a proceeding that
Inner City Press caught the
tail end of, it has happened:
"before Judge Gregory H.
Woods: Attorney Appointment
Hearing as to John Depeyster
held on 8/23/2019. Defendant
John Depeyster present with
AFD Sabrina Shroff, Esq. of
the Federal Defenders of New
York, Inc. AUSA Jarrod
Schaeffer present. Court
Reporters Paula Speer and
Raquel Robles present. CJA
duty counsel Inga L. Parsons
present. Change of Counsel
hearing held. After having an
opportunity to discuss his
application with the CJA duty
counsel, the defendant advised
the Court that he wished to
proceed with the appointment
of new counsel. Application
granted. Current counsel
Sabrina Shroff and The Federal
Defenders are relieved, and
CJA duty counsel Inga L.
Parsons is appointed to
represent the defendant for
all purposes. The time between
now and the date of trial,
February 3, 2020, is excluded
from the Speedy Trial clock in
the interest of justice. "

In a July
17 conference, Assistant US
Attorney Jarrod L. Schaeffer
recounted to Judge Woods that
the previous conference has
been rescheduled because the
Federal Defender "was
unavoidably detained in
another matter in court."
These things do happen. Were
they the basis for switching
counsel? Inner City Press, the
only media in Judge Woods'
courtroom on August 21, will
continue to follow this case.
It is US v. Depeyster,
19-cr-253 (GHW).

Earlier on August
21 a man pleaded guilty to
transporting cocaine on a
stateless vessel but neither
his Federal Defender nor the
Assistant US Attorney
prosecuting him would tell the
Press even the case number.

It
happened at the murky
Magistrates Court of the U.S.
District Court for the
Southern District of New York.
Inside, Magistrate Judge
Gabriel W. Gorenstein was
asking how the U.S. has
jurisdiction over the vessel,
the case and this defendant.
AUSA Elizabeth A. Hanft said
there is letter from US Coast
Guard Officer Samuel D. Irwin
in the case file. But what is
the case number?

The
Federal Defender assigned to
the case, or to this specific
defendant, Clay Kaminsky asked
that his client not be
transferred to Valhalla
because he would not be able
to make telephone calls to
Venezuela from there.

Afterward
just outside the courtroom
Inner City Press asked Federal
Defender Clay Kaminsky, What
is the number of this case?

He said, I
have no comment.

Inner City
Press clarified it only wanted
the number of this public case
(which he is paid public money
to defend).

"And I
said I have no comment,"
Kaminsky repeated. Inner City
Press asked AUSA Elizabeth
Hanft, who is prosecuting the
case. She also declined to
give the case number. We'll
have more on this.

It turns out it is a
case that Inner City Press
covered on May 2, 2019, see
below, before Judge Paul G.
Gardephe. In that proceeding,
Kaminsky said "We would like
to resolve the case as soon as
possible." Then AUSA Hanft
told Judge Gardephe, "As would
the government, Your Honor.
We'll continue to discuss the
best outcome with Mr.
Kaminsky."

The case
is United States v.
Leandro Gonzalez et al.,
18-Cr-601 (PGG) and the man
pleading guilty was the lead /
named defendant Leandro
Gonzalez. There are several
other defendants, not
represented by Federal
Defenders. We'll have more on
this.

On
August 21 there had been a
change of plea scheduled for
Judge Gardephe's courtroom on
the 7th floor of 40 Foley
Square. But when Inner City
Press went there, his
courtroom door was locked.
Apparently the plea was
delegated without notice to
the Magistrates Court, where
Magistrate Judge Gorenstein is
on duty this week.

From May 2, 2019:
Ten defendants charged in
connection with an unflagged
vessel carrying 624 kilos of
cocaine in international
waters were on May 2
brought before U.S.
District Court
for the
Southern
District of
New York Judge
Paul G.
Gardephe.
Some, from
Suriname,
spoke only
Dutch. Some
connected to
the case were
await
extradition
from Croatia
while one of
the accused
had
extradition to
the U.S.
denied in a
court in
Spain, where
that decision
is being
appealed.

The First Step
Act made the
so-called
safety value
applicable to
these maritime
offenses.
Judge Gardephe
asked the many
defense
attorneys if
their clients
were ready to
proffer to the
government.
One of the
lawyers
explained that
his client is
from Suriname,
this is so
different, so
it will take
time. Another
complained of
the difficult
of reviewing
confidential
discovery
material in
Valhalla, and
in the MCC.
Assistant U.S.
Attorney
Elizabeth
Hanft assured
Judge Gardephe
that she will
calling the
wardens and
doing all she
can. The
overall case
is USA v.
Gonzalez et
al.,
18-cr-00601
(PGG).

Not counting
the two
defendants
presumably on
their way from
Croatia, and
the lucky
thirteen who
may remain in
Spain, the ten
defendants
actually in
Judge
Gardephe's
courtroom on
May 2 are
being split
into two
separate
cases. The
first, with
six
defendants,
will meet
again June 20.
The second,
with four
defendants --
Argemiro
Zapata-Castro,
Shervington
Lovell, David
Cardona-Cardona
and Steven
Antonius --
will not meet
again until
August 16,
when one of
the lawyers
will be out of
the country
and another at
an anti-death
penalty
training in
Santa Clara.
Could should
an issue be
the basis for
Spain's
refusal to
extradite?
Watch this
site.

***

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